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The Future of the Employment Contract


ISBN13: 9781783479672
Published: July 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £94.00



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This analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial ‘discovery’ of the key attributes of the relationship.

Douglas Brodie assesses how employment contract law is likely to develop, paying particular attention to wider developments of the law of obligations such as the recognition of the importance of fair dealing and the significance of relational contracts. Investigating the importance of how courts now regard the employment contract as governing personal relations, the author concludes that key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.

The Future of the Employment Contract will be an essential read for students and scholars of employment law and the law of obligations. It will also be of benefit to legal practitioners as they look to frame innovative legal arguments.

Subjects:
Employment Law
Contents:
Preface
Introduction
PART I. JUDICIAL VALUES
1. The judges and the values of the employment contract
PART II. CATEGORISATION
2. Re-categorisation as a fiduciary
PART III. THE POTENTIAL IMPACT OF ENTERPRISE LIABILITY
3. Questions of inclusion
4. Risk allocation and psychiatric harm
5. Risk allocation and financial harm
PART IV. THE IMPACT OF RELATIONAL CONTRACT SCHOLARSHIP
6. Judicial creativity and doctrinal limitations
7. Preserving the relationship
8. Contractual damages
9. The contribution from contract and commerce
PART V. THE IMPACT OF THE RISE OF GOOD FAITH
10. Unconscionable employment
11. Good faith as a core principle
PART VI. THE IMPACT OF STATUTE
12. The relationship between the common law and statute
PART VII. CONCLUSIONS
13. Conclusions
Index